Hickinbottom & Anor v Telford & Wrekin Council & Anor [2017] UKFTT CR-2017-0017 (GRC) (11 July 2018)

Hickinbottom & Anor v Telford & Wrekin Council & Anor [2017] UKFTT CR-2017-0017 (GRC) (11 July 2018)

The Tribunal found that both the Cleveland Arms and the Bowling Green satisfied the statutory criteria for listing as assets of community value under section 88(2) of the Localism Act 2011. There was sufficient evidence of recent non-ancillary community use furthering social wellbeing, and it was realistic to think that such use could resume within five years. The lack of a detailed business plan or secured funding did not preclude listing, and the threshold for 'realistic to think' is low. The assets were properly considered separately, but both met the statutory tests.

Citation
[2017] UKFTT CR-2017-0017 (GRC)
Parties
Appellant: John Hickinbottom; Appellant: Susan King; First Respondent: Telford & Wrekin Council; Second Respondent: Ercall Magna Parish Council; Third Respondent: The Cleveland Phoenix Charity
Jurisdiction
United Kingdom
Judgment Date
11 July 2018
Procedural Posture
Appeal Against Listing of Asset of Community Value / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal dismissed; listing upheld
Legal Topics
Assets of Community Value, Localism Act 2011, Community Rights, Planning Permission, Compulsory Listing, Appeal Procedure
Administrative Law Local Government Law Property Law Assets of Community Value Localism Act 2011 Community Rights Planning Permission Compulsory Listing +1 more

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Parties

John Hickinbottom

Appellant

Susan King

Appellant

Telford & Wrekin Council

First Respondent

Ercall Magna Parish Council

Second Respondent

The Cleveland Phoenix Charity

Third Respondent

Procedural Posture

Appeal Against Listing of Asset of Community Value / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the Cleveland Arms and Bowling Green were used in the recent past for non-ancillary use furthering social wellbeing or interests of the local community under s.88(2)(a) Localism Act 2011
  2. 2 Whether it is realistic to think that there could be non-ancillary use in the next five years furthering social wellbeing or interests under s.88(2)(b) Localism Act 2011
  3. 3 Whether the CA and Bowling Green should be considered as a single asset or separately for listing purposes

Ratio Decidendi

The Tribunal found that both the Cleveland Arms and the Bowling Green satisfied the statutory criteria for listing as assets of community value under section 88(2) of the Localism Act 2011. There was sufficient evidence of recent non-ancillary community use furthering social wellbeing, and it was realistic to think that such use could resume within five years. The lack of a detailed business plan or secured funding did not preclude listing, and the threshold for 'realistic to think' is low. The assets were properly considered separately, but both met the statutory tests.

Court Disposition

Appeal dismissed; listing upheld

Orders

  • The Cleveland Arms (including car park) and the Bowling Green are to remain listed as assets of community value on the Telford & Wrekin Council's List of Assets of Community Value.